Keith Morfett was recently reappointed to the board for a second term by then-Conservation Minister Eugenie Sage.
But Ngai Tahu is challenging the minister's appointment process in the High Court after accusing the conservation board of ignoring its Treaty obligations and being in thrall to environmental groups such as Forest and Bird.
The board held its annual election of officers at its bi-monthly meeting in Fox Glacier township last Friday, despite the absence of its Poutini Ngai Tahu board members.
Ngai Tahu maintain that the board cannot legally function without them.
But Dr Morfett told the meeting he had asked the Department of Conservation for advice on that point.
"DOC's advice is that we can go ahead, and given the tumultuous time we've had we have every right to examine and confirm our leadership."
Board member Jonathan Clearwater pointed out that another member, Brian Anderson, was also absent, and asked if the election could be deferred until Ngai Tahu members returned.
Dr Morfett said when iwi came back they could trigger another election if they chose to, by moving a vote of no confidence in the chair. He then stepped aside for new member and former Federated Farmers president Katie Milne to run the election process.
Ms Milne immediately nominated Okarito tourism operator Barry Hughes, but the move failed for want of a seconder.
Suzanne Hill then nominated Keith Morfett, seconded by Inger Perkins and the vote was carried.
The board also needed to elect a deputy chairman.
"Our present deputy is Kara Edwards from Makaawhio, and I consider that a perfect mix (for the leadership) -- but we can't nominate someone who is not here."
Member Neil Silverwood said for purely practical reasons the board should elect a deputy chair and revisit the decision when iwi came back to the table.
"We know they don't plan to come back until their issues are resolved, and some of these court cases can take four years."
As a result, board member Inger Perkins was elected unopposed as deputy chairwoman.
Despite the support of most board members, Dr Morfett said he did not intent to stay in the job long-term.
"I am not wedded to the role and I intend to vacate it well before my second (two-year) term is up. I believe in succession."
By Lois Williams
Local democracy reporter
